Petitioner challenged mutation of land in revenue records against his name without prior notice. Court held violation of natural justice and quashed entry.
Mutation entry dated 31/07/2019 quashed; petitioner's name to be restored in revenue records within 4 weeks.
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WP No. 103836 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 103836 OF 2022 (KLR-RR/SUR)
BETWEEN:
BABAJAN S/O GOUSE MODINSAB MUJAWAR AGE 69 YEARS, OCC. RETD, R/O. DAVAL MALIK PAHAD, MULGUND -582117, DIST. GADAG.
…PETITIONER
(BY SRI. K L PATIL, AND SRI. S.S.BENTURMATH, ADVOCATES)
AND:
DEPARTMENT OF REVENUE, BY ITS PRINCIPAL SECRETARY, VIDHAN SOUDHA, BENGALURU-560001
GADAG TALUK -582207, GADAG
BENGALURU-560001
…RESPONDENTS
(BY SRI. M.H.PATIL, AGA FOR R1 TO R3; SRI.B.MOHAMMAD ALI, ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDA PRAYING TO, I. ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENTRY BASED ON MUTATION BEARING MR NO.H-20/2019-20 DATED 31/07/2019 AT COLUMN NO.9 AND 12 IN ROR IN RESPECT OF LAND BEARING R.S.NO.360/7 MEASURING 0 ACRE-33 GUNTAS SITUATED AT MULAGUND OF GADAG TALUK AND DISTRICT CERTIFIED BY RESPONDENT NO.5 VIDE ANNEXURE-B.
WP No. 103836 of 2022
THIS CRIMINAL PETITION COMING ON FOR ORDER, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned AGA accepts notice for respondents 1 to 3 and 5. Learned counsel Sri. B. Mohammed Ali accepts notice for respondent No.4.
WP No. 103836 of 2022
ORDER
The writ petition is allowed.
WP No. 103836 of 2022
The mutation entry dated 21.03.2019 at Column No.9 and 12 in the records of rights in respect of following lands 1) R.S.No. 360/7, measuring 00 Acre 34 guntas, 2) R.S.No.361/2, measuring 00 Acre 15 guntas, 3) R.S.No.361/14, measuring 01 Acre 01 guntas, 4) R.S.No.361/1 measuring 01 Acre 14 guntas, 5) R.S.No.364/12 measuring 00 Acre 00 guntas situated at Mulgund village, District Gadag is quashed and the name of the petitioner is ordered to be restored in the revenue records concerned within a period of four weeks from the date of certified copy of this order.
However, liberty is reserved with respondent No.5 to take such steps as is available in law.
All contentions are left open
Sd/JUDGE
AC
List No.: 1 Sl No.: 32
2 issues framed by the court
Whether mutation entry in favour of respondent 4 quashing without notice violates natural justice?
Whether petitioner's name should be restored in revenue records?
Babajan S/o Gouse Modinsab Mujawar
The State of Karnataka
The Karnataka State Board of Wakf
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
